In a dispute involving a veteran’s service-connected disability claim, Court of Appeals for Veterans Claims judgment is reversed where: 1) a veteran alleging a service-connected disability has a due process right to have his claim for veteran’s disability benefits decided according to fundamentally fair procedures; and 2) plaintiff’s due process right to a fair hearing was violated by the consideration of tainted medical evidence.
Read Cushman v. Shinseki, No. 08-7129
Appellate InformationAppeal from the United States Court of Appeals for Veterans Claims Decided August 12, 2009
JudgesBefore SCHALL, PLAGER, and PROST, Circuit Judges.Opinion by PROST, Circuit Judge.
CounselFor Appellant: Kevin A. Calia, Morrison & Foerster LLP, of San Francisco, California.
For Appellee: Martin F. Hockey, Jr., United States Department of Justice, Washington, DC.
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